Taylor et al v. Walmart, Inc., No. 1:2010cv01138 - Document 18 (E.D. Cal. 2010)

Court Description: ORDER Adopting 11 Findings and Recommendations Recommending Dismissal of Certain Claims signed by Judge Oliver W. Wanger on 9/24/2010. (Esteves, C)
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Taylor et al v. Walmart, Inc. Doc. 18 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 COREY TAYLOR; JOTASHA TAYLOR, ) ) ) ) Plaintiffs, ) ) v. ) ) WALMART, INC., ) ) ) Defendant. ) ) 1:10cv01138 OWW DLB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF CERTAIN CLAIMS (Document 11) 15 16 17 18 Plaintiffs Corey Taylor and Jotasha Taylor (“Plaintiffs”) are proceeding pro se and in forma pauperis in the civil rights action pursuant to 42 U.S.C. § 1981. On August 3, 2010, the Magistrate Judge issued Findings and Recommendations that 19 Plaintiffs’ claims for extortion, assault, violation of interstate commerce rights and intentional 20 endangerment of a fetus be dismissed from this action for failure to state a claim. The Findings 21 and Recommendations were served on Plaintiffs and contained notice that any objections were to 22 be filed within thirty (30) days. More than thirty (30) days have passed and no objections have 23 been filed. 24 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this Court has conducted a 25 de novo review of the case. Having carefully reviewed the entire file, the Court finds that the 26 Findings and Recommendations are supported by the record and proper analysis. 27 28 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 4 The Findings and Recommendations filed August 3, 2010, are ADOPTED IN FULL; 2. Plaintiffs’ claims for extortion, assault, violation of interstate commerce rights 5 and intentional endangerment of a fetus are DISMISSED from this action for 6 failure to state a claim; and 7 3. This action SHALL PROCEED against Defendant Walmart, Inc. on Plaintiffs’ 8 claims of racial discrimination in violation of 42 U.S.C. § 1981, unlawful 9 intimidation by use of force, fraud and intentional infliction of emotional distress. 10 11 IT IS SO ORDERED. 12 13 Dated: September 24, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2